Rachel Dulaney, 16, was a passenger in a car wreck and suffered a badly broken neck, with $150,000.00 in medical bills. Her mother retained a Johnson County Kansas law firm which collected the limits of the driver’s insurance policy ($100,000.00) and then told Rachel and her mother that nothing further could be done.
3 years later, Rachel’s mother came to see Cain and Cain on an unrelated matter, and mentioned Rachel’s accident. Inquiry revealed that Rachel’s parents had $500,000.00 of under-insured motorist coverage (which pays when someone is injured by a driver with inadequate insurance coverage). Unfortunately, the original attorney had failed to follow procedural requirements, and a claim against the insurance policy was legally impossible. Cain and Cain then made a claim against the attorney and his firm for legal malpractice. Within 60 days, the defendants’ insurance carrier paid the entire claim, with interest.